Requesting Entity: Subic Bay Metropolitan Authority
Issues Concern: Procurement of Services of ISO Certifying Body
RA 9184 generally applies to the procurement of infrastructure projects, goods, and consulting services by all branches of government, including government-owned and/or -controlled corporations. Unless, therefore, the procurement of an ISO Certifying Body by the Subic Bay Metropolitan Authority (SBMA) falls under any of the exceptions provided under Section 4.4 of the revised Implementing Rules and regulations (IRR) of RA 9184, then it shall be within the ambit of the said procurement rules.
[T]he procuring entity is vested with the authority and responsibility to determine under which category a certain procurement falls, as appropriately guided by the provisions of RA 9184 and its IRR.
If the services to be undertaken by the ISO Certifying Body involve the use of established technologies or methodologies that have measurable physical outputs, it may be classified as "goods". In contrast, if the services involve review and provision of advice on particular projects, or planning and project feasibility assessment, or rendition of financial, legal or other professional services, including management, testing, and quality control, then it may properly be considered as "consulting services".
In accordance with Section 10 of RA 9184, all procurement shall, as a general rule, be undertaken through public bidding. Alternative methods of procurement may only be resorted to under highly exceptional instances whenever justified by the conditions provided therein and subject to the approval of the head of the procuring entity.